Disposed

Shahanas H.R v. Kerala State Beverages (Manufacturing and Marketing)

Kerala HC23 Feb 2018WP(C)/6203/2018

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging transfers of employees to distant posts. Directing the Managing Director to consider representations and accommodate the petitioners promptly to avoid serious inconvenience.

What did the court decide?

Directed the 2nd respondent to consider representations and accommodate petitioners without serious inconvenience within three weeks, pending which they may continue in present station.

Shahanas H.R Vs Kerala State Beverages (Manufacturing… — Service and Employment | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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FRIDAY, THE 23RD DAY OF FEBRUARY 2018 / 4TH PHALGUNA, 1939

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WP(C).No. 6203 of 2018

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PETITIONERS :

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1 SHAHANAS H.R, ASSISTANT GRADE I (DISTRICT AUDIT TEAM-DAT),KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING)-CORPORATION LTD, BALARAMAPURAM, THIRUVANANTHAPURAM.

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2 PRAJEESH.S, U.D.CLERK,(FL01-2010)KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING)-CORPORATION LTD,WAREHOUSE,KOLLAM.

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BY ADVS.SRI.K.JAJU BABU (SR.) SRI.R.RAJPRADEEP SRI.BRIJESH MOHAN

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RESPONDENTS :

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1. KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING)-CORPORATION LTD, BEVCO TOWER,VIKAS BHAVAN.P.O,PALAYAM,THIRUVANANTHAPURAM-695033,REPRESENT ED BY THE MANAGING DIRECTOR.

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2. THE MANAGER DIRECTOR, KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING)-CORPORATION LTD,BEVCO TOWER,VIKAS BHAVAN.P.O,PALAYAM,THIRUVANANTHAPURAM-695033.

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BY SRI.NAVEEN.T., SC,

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 6203 of 2018 (A)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE ORDER OF TRANSFER VIDE NO.12224/AE17/AD/17/KSBC DATED 04.07.2017 ISSUED BY THE 1ST RESPONDENT EXHIBIT P2 TRUE COPY OF THE JOINING REPORT VIDE NO.KSBC/KLM/AO/03/2017-18 DATED 04.11.2017 ISSUED BY THE 1ST RESPONDENT EXHIBIT P3 TRUE COPY OF THE CIRCULAR VIDE NO.PN/MD/KSBC/TSFR/2013 DATED 5.10.2013 OF THE 1ST RESPONDENT EXHIBIT P4 TRUE COPY OF THE TRANSFER ORDER NO.001166/GTR/AE17/2018/KSBC DATED 2.2.2018 ISSUED BY THE 1ST RESPONDENT EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 05.02.2018 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 06.02.2018 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P7 TRUE COPY OF THE ORDER NO.001166/GTR/AE17/2018/KSBC DATED 16.02.2018 ISSUED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDGE

P.V.ASHA J.

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W.P.(C).No.6203 of 2018

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------------------------------------- Dated this the 23^rd day of February, 2018

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JUDGMENT

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Petitioners, who are working as Assistant

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Grade-I and Upper Division Clerk in the Kerala State Beverages (Manufacturing and Marketing) Corporation Ltd at Balaramapuram Warehouse and Anchalummoodu FL-1 shop respectively, have filed this writ petition challenging their transfers ordered in Ext.P4 issued on 02.02.2018 along with 98 others.

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Petitioners' case is that, they were

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transferred to the present station/shop only on 04.07.2017 and 04.11.2017 respectively, as per Exts.P1 and P2 orders. According to the 1^st petitioner, he alone is subject to a transfer from out of those who

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were transferred as per Ext.P1 order. He is working in the Audit Department now. Both of them are posted to FL-1 shops in Ernakulam District.

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W.P.(C).No.6203 of 2018

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I have already considered similar cases and directed the respondents to accommodate these persons

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in the nearby places, without causing any serious inconvenience to the employees. Those cases were disposed of directing similarly situated employees transferred as per Ext.P4 order to approach the 2^nd respondent with a suitable representation with direction to 2^nd respondent to consider their grievance. The petitioners have already submitted Exts.P5 and P6 representations before the 2^nd respondent.

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In the above circumstances, this writ petition is disposed of, directing the 2^nd respondent to consider and pass orders on those representations, having regard to the inconvenience being caused to them on account of the posting in far off places, the duty time in the shops, their postings as per Exts.P1 and P2 orders, etc., and to see that petitioners are accommodated without causing serious inconvenience to them. Orders shall be passed within a period of

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W.P.(C).No.6203 of 2018

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'three weeks' from the date of receipt of a copy of this judgment. Till then petitioners shall be allowed to continue in the present station.

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Sd/-

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P.V.ASHA, JUDGE.

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Shahanas H.R v. Kerala State Beverages (Manufacturing and Marketing)

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Shahanas H.R v. Kerala State Beverages (Manufacturing and Marketing)

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